The Court of Protection & deputies

Compensation for the family of a 50 year old man who died of kidney cancer due to multiple failings by Croydon Health Services NHS Trust

Jenny Waight, specialist clinical negligence lawyer acting for the estate and dependents of the deceased and successfully obtained an out of court settlement of £400,000.

The deceased had a history of chronic back pain for a number of years.  In May 2009, November 2010 and April 2012 he underwent MRI scans of the spine.  On each occasion, a right kidney mass was visible but not identified or reported.  The mass measured 8.5cm in November 2010 and grown to 12cm in April 2012.
At the beginning of 2014, the deceased was referred to the urology clinic and underwent CT scan for investigation of blood in his urine.  The CT scan showed an 18.5cm right renal tumour with extensive nodal disease with the chest.  In January 2014 he was advised by the consultant urologist that his cancer was so far advanced that it was not curable.

In February 2014 he underwent right radical nephrectomy.  Sadly in December 2014 CT brain scan revealed multiple brain metastases.  The deceased underwent brain radiotherapy.  The deceased suffered immensely with headaches effecting his balance, requiring a wheelchair for poor mobility.  His personality changed due to the brain metastases and treatment.  He suffered memory problems, became anxious and was completely reliant on his wife for care and emotional support.  He became extremely demanding and developed problems with hording.  He refused to be left alone due to his anxiety.  He slept downstairs in a converted garage and later a hospital bed in the dining room.  His widow had to sleep downstairs with him.

During the last few months of his life he was admitted to St Wilfred’s, for palliative care.  He died as a result of his metastatic cancer in November 2016.

Expert evidence from consultant oncologist and radiologist confirmed that the deceased’s cancer should have been diagnosed following the scan of May 2009 and had it been, he would have received curative treatment and would have survived.

The defendant admitted breach of duty of care and causation.

The claimant claimed general damages for the deceased’s significant pain and suffering prior to death as well as a financial dependency claim.  Further claims were made for bereavement award, funeral expenses and costs of converting the garage.

A letter of apology was secured for the family and the claim settled in the sum of £400,000 to compensate the wife and daughters.

Jenny Waight specialises in fatal accident cases.  If you would like to ask Jenny a question about a potential case or if you have a general query about any clinical negligence, contact Jenny Waight at Thomson Snell & Passmore solicitors on 01892 701374 in confidence.

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